Dear All, My entity employed 20 employees (Workman-9, Managerial, and Supervisor-11) the CLRA Licenses applicable or Not?
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Clarification on CLRA License Applicability
First of all, the license under CLRA is applicable only to the contractor, and it is issued by the Labour Department upon satisfying the purpose of engaging workers on contract. Here, the purpose of engagement is not clear. You have written that your ENTITY has employed... What do you mean by entity? Is it that you are the principal employer and you have appointed somebody as a contractor who has engaged or deployed (not employed) a few of his employees in your establishment?
Timeliness of Response
One more thing: You asked the question on the 29th of July, and we responded immediately. However, you managed to find time today, i.e., after eleven days! If you work like this, I am very sorry to say that you will not succeed in an HR career!
From India, Kannur
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4526First of all, the license under CLRA is applicable only to the contractor, and it is issued by the Labour Department upon satisfying the purpose of engaging workers on contract. Here, the purpose of engagement is not clear. You have written that your ENTITY has employed... What do you mean by entity? Is it that you are the principal employer and you have appointed somebody as a contractor who has engaged or deployed (not employed) a few of his employees in your establishment?
Timeliness of Response
One more thing: You asked the question on the 29th of July, and we responded immediately. However, you managed to find time today, i.e., after eleven days! If you work like this, I am very sorry to say that you will not succeed in an HR career!
From India, Kannur
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Reality is, many organizations are engaging contractual supervisors, application engineers, managers, etc., through third-party payroll rather than direct employment, including nationalized and private banks.
There are organizations whose business nature involves not only selling products but also providing services. In power plants, steel plants, cement plants, etc., employees from various organizations are engaged for project works, continuous service, etc., which are carried out by contracted organizations and their subcontractors. For example:
Refractories organizations supply refractories to steel plants, cement plants, etc., and also provide services through their own personnel (managers, engineers, etc.) and subcontracted individuals (supervisors, workmen, and sometimes even managers). For any personnel entering the plant, they are considered contractual employees, whether they are managers, officers, application engineers, supervisors, or workmen.
Organizations under the Tata Group require a labor license and compliance with the Contract Labour (Regulation and Abolition) Act for all employees, regardless of their job roles. However, some other organizations are content with ensuring compliance only for workmen, while some extend it to include supervisors as well in terms of CLRA Act compliance.
The reality is as mentioned above, and there are complications present with no foolproof solutions.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
From India, New Delhi
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There are organizations whose business nature involves not only selling products but also providing services. In power plants, steel plants, cement plants, etc., employees from various organizations are engaged for project works, continuous service, etc., which are carried out by contracted organizations and their subcontractors. For example:
Refractories organizations supply refractories to steel plants, cement plants, etc., and also provide services through their own personnel (managers, engineers, etc.) and subcontracted individuals (supervisors, workmen, and sometimes even managers). For any personnel entering the plant, they are considered contractual employees, whether they are managers, officers, application engineers, supervisors, or workmen.
Organizations under the Tata Group require a labor license and compliance with the Contract Labour (Regulation and Abolition) Act for all employees, regardless of their job roles. However, some other organizations are content with ensuring compliance only for workmen, while some extend it to include supervisors as well in terms of CLRA Act compliance.
The reality is as mentioned above, and there are complications present with no foolproof solutions.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
From India, New Delhi
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
LABOUR CONTRACT AGREEMENT.doc